When Should a Father's Rights Be Terminated?

A bill making its way through the Missouri General Assembly would allow adoptions to go through without paternal notification.

House Bill 1258 is based on a case that went before the Missouri Supreme Court in 2007. The legislation would allow adoption without a father's consent, if he had not developed a "consistent and substantial relationship with the child."

The bill defines a relationship as:

1. Consistent prenatal financial support;
2. Consistent payment of prenatal and natal medical care fo rthe mother and baby;
3. Consistent child support payments commensurate with his ability to pay;
4. Consistent contact and visitation with the child; and 
5. Assistance with educational and medical care of the child

According to KMOX, the case of Craig Lentz led lawyers to draft the legislation.

"In 2004, Craig Lentz and girlfriend Ibbaanika Bond had a child. Lentz did not have his name put on the birth certificate because he was waiting for the results of a DNA test to prove he was the father of the child.

Missouri law requires that a father must declare paternity within 15 days of a child’s birth. While waiting to receive the results of the test, the 15 days had passed. After this time, the child was placed in the home of the Taylor couple in Texas, for the purpose of adoption. The child was placed temporarily with the Taylors, agreeing to help the mother, Ibbaanika. The couple filed a petition for transfer of custody and adoption of the child, which stated the father was unknown. The mother agreed to the adoption.

When Lentz was notified of the adoption proceedings, he filed with the putative father registry and an amended birth certificate was issued, listing Lentz as the father. Lentz sought to intervene in the adoption, claiming that he was the father of the child."

A years-long custody battle ensued before Lentz regained contact with his child. The proposed legislation would have prevented him from seeking legal action in the adoption because his name wasn't on the birth certificate and he didn't meet the five criteria.

The bill passed in the House 126-15. It was read in the Senate, and referred to committee.

Rep. , D-University City, told KMOX he is strongly against the bill. He said in the case of a woman getting pregnant and deciding not to tell the father, that this bill would not only deprive the man of the right to be a father, but would also get him out of his duty to pay child support.

What do you think? Is this legislation a good idea? Tell us in the comments.